AMRIK SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) The present regular second appeal has been preferred by the defendant-appellants against the judgment and decree of the lower Appellate Court whereby the suit of the plaintiff-respondent Nos.1 and 2 has been partly decreed for joint possession to the extent of 1/7thshare each in the suit land as well as in the compensation amount. The Trial Court vide judgment and decree dtd. 2/1/1987 dismissed the suit of the plaintiff-respondent Nos.1 and 2 and while dismissing the suit of the plaintiff-respondent Nos.1 and 2, the Will Ex.D1 dtd. 18/7/1980 set up by the defendant-appellants was also disbelieved. Aggrieved by the judgment and decree dtd. 2/1/1987, an appeal was preferred by the plaintiff-appellants and the defendant-appellants herein filed cross-objections challenging the findings of the Trial Court on Issue No.4. The lower Appellate Court vide judgment and decree dtd. 2/8/1989 partly decreed the suit and rejected the cross-objections filed by the defendant- appellants. The lower Appellate Court held that the left over property in the hands of Kishan Singh was self acquired property and since both the Wills stood rejected, hence, the property would devolve by way of natural succession on all the heirs and hence each of the heirs would be entitled to 1/7thshare. The present appeal was decided by this Court vide judgment dtd. 10/11/2008. The said judgment was challenged by the plaintiff-respondent Nos.1 and 2 by filing SLP(C)-9438-2009, which was later converted into Civil Appeal No.6495 of 2016. The said civil appeal was decided vide order dtd. 19/7/2016 and the judgment dtd. 10/11/2008 passed by this Court was set aside and the matter was remanded for a decision afresh.

(2.) The pedigree table of the parties is reproduced herein below : <IMG>JUDGEMENT_69_LAWS(P&H)2_2023_1.jpg</IMG>

(3.) The brief facts relevant to the present lis are that Kishan Singh had four sons and two daughters as depicted in the pedigree table above. Kishan Singh's wife, Santo, was also a party to the lis having been impleaded as defendant-respondent No.3. Kishan Singh was the owner of land measuring 91 Kanals and 04 Marlas having inherited the same from his father, Mulla Singh. In 1972 a civil suit was filed by the defendant-appellants - Mewa Singh and Amrik Singh - as well as by the plaintiff-respondent Nos.1 and 2 - Charan Singh and Bhajan Singh - against their father Kishan Singh for declaration to the effect that the plaintiffs therein were jointly owners in possession in equal shares, with shamlat rights, of the land measuring 91 Kanals and 04 Marlas. The said suit was decreed vide judgment and decree dtd. 22/5/1972 (Ex.D2 and Ex.D3) and a consent decree was passed. As per the said judgment and decree, the plaintiffs therein that is the four sons of Kishan Singh were declared as owners in possession of the suit property involved therein. After the passing of the consent decree, Kishan Singh was left with some land in Village Kumbra, District Ropar and in Village Nizampur Kumbra, UT Chandigarh. Some portion of the land left by him in Village Nizampur Kumbra, UT Chandigarh was acquired the compensation for which was deposited in the Treasury. Kishan Singh died in the year 1981 and the dispute in the present case is qua his land in Village Kumbra, District Ropar and in Village Nizampur Kumbra, UT Chandigarh and the amount of compensation lying deposited in the Treasury.